JAGBANDHU BANERJEE Vs. SANTOSH KUMAR

JUDGEMENT

(1.) The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,64,000 has been awarded to him. The appellant seeks enhancement of the award amount.

(2.) The accident dated 19.8.2003 resulted in grievous injuries to the appellant. The appellant was standing on the red light on his scooter when he was hit by Maruti car bearing No. DL-1CC-7589 from behind. The appellant fell down from his scooter and suffered fracture of femur bone of his left leg. The appellant was admitted to Safdarjung Hospital and was operated upon for fixing a plate. The plate fixed by the surgeon inside the leg deflected from the fixed position which did not improve with treatment and finally another surgery was performed in Safdarjung Hospital in April 2004 for removal of the plate and fixing a rod. The appellant remained hospitalised for the second time from 13.4.2004 to 22.4.2004. On 30.11.2005, the doctors told the appellant to walk slowly. The appellant's left leg has become shorter and his disability has been assessed as 12 per cent vide disability certificate, Exh. PI.

(3.) The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal: